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01/03/89 City Council Minutes98 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL, WAS HELD AT 7:30 P.M. TUESDAY JANUARY 3, 1989 IN THE' COUNCIL CHAMBERS AT CITY HALL. MAYOR KE NNEDY PRESIDED, CO'UNCILMAN SCHINDLER WAS ABSENT. ALL OTHER COUNCILNiEMBERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA APPROVE MINCFPES - Regular Council Meeting December 19, 1988 APPROVE CLAIMS Councilman Atkinson moved. the Consent Agenda be approved as presented, Councilman Nystul seconded and the motion carried. ADDRESSING THE COUNCIL, Mike Strand, Strand Aviation, once more addressed the Council to further discuss his request for previously paid fees to be applied to current charges, as outlined in a report given to Council. MOTION: Councilman Gunnerson moved Mr. Strand be credited with the $1,200 as requested, to apply to current charges that are overdue. Councilman Hopkins seconded. Lengthy discussion followed on the Airport Association history, Strand's position on fee equality and feeling he hasn't been treated fairly, setting a precedent and the Parks Committee's recommendation to grant ivir. Strand relief. councilman Furlong spoke against the motion and defined his reasons. This is a new period in the airport operation. Mayor Kennedy also spoke against the motion. Councilman Nystul reviewed the accounting history and problems involved. Councilman Gunnerscn spoke in favor of the motion, contending the City had the responsibility for billing the old fees and collecting them. He didn't think Strand had been treated fairly. Councilman Hopkins spoke in favor of the motion and said it was only fair to charge Strand no more than any one else paid under the old fees. Councilman Saverud spoke against the motion because the council, in setting the new fee schedule, was making a fresh start which approval of this motion would set back. Jay Billmayer explained the terms and history of his hangar lease. He said it is a separate issue from Strand's request. Councilman Atkinson spoke in favor of the motion.. He said this was part of a larger issue, poor management on behalf of the city and it would put the city on notice that better management is required. Councilman Nystul said the council entered into the Airport Association contract in good faith but that sometimes volunteerism doesn't work. We have entered into a very similar contract with the Golf Association. Councilman Furlong requested a roll call vote. The motion failed on a 4 to 3 vote. No one else addressed the council. MAYOR'S REPORTS: Mayor Kennedy reminded the Council of the workshop on the Evergreen Sewer on January 9th at 5:00 P.M. Scott Anderson of Water Quality Bureau and Dave Stahly of Stahly Engineering will be present to answer questions. Selection Committee- Treatment Plant Engineer Mayor Kennedy appointed the Selection Comittee for an Engineer for the Wastewater Treatment Plant consisting of: Mayor Ed Kennedy, Councilman Roger Hopkins, Public Works Director Ken. Hammer and WfnT.€'P Chief Operator Pic Olsen. Councilman Purlong asked if this was a mayoral appointment and if the Council had any input into the carmittee. He stated that he would like to make this public observation: Of all the people sitting on the Council, the person with the most knowledge of sewer and water systems is Councilman. Nystul. He did not want this to mean that he did not want Hopkins on the committee, but would prefer to see an addition to the ccarmittee of Nystul-he feels that Nystul has an obligation to serve if the Mayor 9 is willing to appoint him. Furlong would ask the Mayor and Council to avail ourself of Nystul's expertise. Councilman Nystul explained that he would prefer not to be a member of the ccmittee to avoid any potential appearance of conflict of interest. Councilman Hopkins stated that just for the record, he did not ask to be on the cC nud ttee . Nystul said that there no precedent cn how the selection is to be done but he would encourage one other council menber to participate for a good cross-section. Whatever is done, recommendations will go back to Council for action. C0DZ1ITTEE REPORTS CaMJNITY DEVELOPM 4T/BUILDING REGULATIONS/PARKING/PUBLIC BUILDINGS Herbergers F22ansion Councilman Saverud discussed the letter from Goodale and Barbieri, requesting the city to subordinate its interest in a $275,000 tenant improvement loan. At this point the only information we have is the letter. Saverud moved the Council authorize the Mayor and City Attorney to write a letter to Goodale and Barbieri, agreeing in principle to the subordination, and requesting Goodale and Barbieri prepare a draft of the mortgage and subordination agreement for review by the City of Kalispell. Councilman Nystul. seconded. Councilman Furlong requested it go through committee first. Councilman Saverud simplified the motion, with the concurrence of Councilman Nystul, to read "The Council authorize the Mayor and City Attorney to write a letter to Goodale and Barbieri, requesting they provide the City of Kalispell with draft of the mortgage and subordination agreements for our review." The motion, as simplified, carried unanimously. FINANCE/PERSONNEL & POLICY/INSURANCE SID Revolving Fund Loans Councilman Nystul moved the Journal Vouchers to transfer approximately $21,000.00 to various SID and Sidewalk & Curb Funds in payment of accrued interest and principal be approved. Councilman Saverud seconded and the motion carried. Delinquent SIDS Councilman Nystul reported the city staff is looking into the possibility of taking tax deed on properties in two subdivisions and is also looking into why the county doesn't take for tax sale, properties which have city specials against them. SID Assessment Councilman ' Nystul reported the committee had learned today Flathead County has arbitrarily broken the special assessments for all city SIDs into first and second half payments despite our bond agreements requiring the assessments to be made on November installment of the tax bill. Nystul roved the City Attorney, City Accountant and Mayor be requested to consult with Flathead County to determine their legal basis for changing our assessments. Councilman Atkinson seconded and the motion carried unanimously. Wendy's Bankt_cy Settlement Councilman Nystul explained the City has been given two options for the collection of $206.00 at the time of their request for bankruptcy protection. we can receive 20% now or 15 equal annual payments, without interest. The committee recommends the 20%. Councilman Furlong asked how they get 15 years and Nystul said that's what the bankruptcy court worked out. The council decided to have the City Attorney look into this further. Flathead Basin Commission Councilman Nystul said Councilman Hopkins reported in co:armittee that the Camanission is considering restructuring, and the committee recnds and Nystul moves, the Mayor be requested to contact the Flathead Basin Ccrn-Lission, for their meeting tomorrow, and reconviend they consider adding language that will allow the municipalities or the point source people to be a merber of the Commission. Councilman Saverud seconded. Cauncilman Hopkins said he spoke today with Craig Hess, of the Comission, and Hess suggests a letter be sent to the Chairman and the full commission would take it up in a meeting in February. The motion carried unanimously. Business Licenses Nystul reported the ccumittee met with representatives of the Chamber to review the draft of the Business Licenses and the ccnmittee will be meting with the City Attorney, perhaps next week, to work further on the draft. PARKS/PUBLIC LAMS/ANNEXATION/ZONING/AIRPORT -- no report PUBLIC WORKS/WATER & SEWER. Award Water Control tem Bid Councilman Gunnerson reported the committee recommends accepting the Motorola bid amounting to $58,332.66. Also the Mayor and Public Works Director be authorized to enter into a management contract with Morrison., Maierle for construction administration, not to exceed $4,500.00. He so moved and Councilman Nystul seconded. The motion carried unanimously. PUBLIC SAFETY/AIR QUALITY VEHICLE (VANS) BID Councilman Nystul reported the comattee recomends, and he moved, the bid be rejected and the bids be readvertised. Councilman Furlong seconded. Nystul explained the one bid received was not for the type of vans the department wanted. The motion carried unanimously. S New Committee Structure Mayor Kennedy passed out his new Council Committee Structure. He stated he incorporated ccuments received frcan council members. ADJOURN Mayor Kennedy adjourned the meeting at 8:49 pin. iWa..�� Don Halver, Clerk/Treasurer Approved as presented January 16, 1989 X " Kennedy r., Mayor 1 1